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Trump threatens Supreme Court appeal if he loses fight over tax returns

President TrumpDonald TrumpMaria Bartiromo defends reporting: 'Keep trashing me, I'll keep telling the truth' The Memo: The center strikes back Republicans eye Nashville crack-up to gain House seat MORE’s lawyers warned in a Monday court filing that they will take the fight over the subpoena for his tax returns back to the Supreme Court if they lose the current round at a New York-based federal appeals court. 

Trump’s legal team argued in the filing with the 2nd U.S. Circuit Court of Appeals that letting Manhattan’s district attorney have his tax returns would cause him irreparable harm

The lawyers pledged to ask the Supreme Court to get involved if needed. They requested a stay to give the Supreme Court time to weigh in if the appeals court denies a delay for the president to hand over eight years of his tax returns during his appeals process. 

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The report on the filing comes after Cyrus Vance Jr., the Democratic district attorney for Manhattan, agreed last week to delay enforcement of the subpoena of Trump’s accounting firm Mazars USA. 

Vance technically had the right to carry out the subpoena as of Friday, but its temporary shelving will allow the president's legal team to make at least one more argument that obtaining his tax records is unlawful. 

The 2nd U.S. Circuit Court of Appeals is slated to hear arguments in the case on Tuesday.    

The Manhattan district attorney’s office declined to comment on the filing.

Vance is attempting to seize the tax returns as part of a criminal investigation of Trump’s business practices. The Supreme Court ruled last month that the president does not have absolute immunity from criminal investigations while serving. 

The Manhattan district attorney has said in the past that Trump has received the “temporary absolute immunity” that the Court denied through the ongoing litigation process. 

Trump is the first of the past six U.S. presidents not to publicly release his tax returns.